Age Discrimination?

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Jedidiah55

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My jurisdiction is: Ohio

Greetings,

Maybe I just need hit in the head with a 2x4, to wake to the obvious. But would like some opinions on this situation.

I've been told by several co-workers to file with the EEOC.

Here's the situation. I work for the Department of Transportation in the winter, as a seasonal. I'm in my fourth season.

When I first came on board, I was told this was how you get on full time, which includes benefits & overtime. During my first season, a full time position came open. I applied, knowing one of the other applicants had just come back from Iraq, & his dad was already an employee with the state. I landed an interview before the board (of 5), but felt it was a fomality, and the decision was already made. My gut instincts were right on the money, on who got the job.

My "boss" is actually a leadman (non-management) in our outpost. There was only 7 full time employees, plus myself. I've received nothing but high-praise for my work ethic, flexibility, & being a team player. I've heard him tell our supervisor how he would love to have me on board full time. Our supervisor told me keep applying for any openings within the district.

The State sent me a letter asking if I would be interested coming back again the following season (they do this every season apparently, if they want you back). Ok, I've been coming back, year after year. I have applied for a couple of openings, never to get another interview.

So, I called HR and inquired, what am I doing wrong, or if there's something I can do to get another interview. I was told just keep applying.

So now there was a posting for a full time position in the outpost I always work. I applied, the job wasn't filled internally, and I found out they filled the position with someone who recently started as a seasonal. They haven't reported to work yet.

Here's an interesting note. All the positions I have applied for, have been filled by the under 40 group, I'm 55, and started with the state when I was 51.

It appears most seasonal, which are still seasonal throughout the district, are over 40. It's the younger ones which always get the full time, and I do mean always. Most the older people give up after the first couple years if they're looking for full time work. Each year, the State demands you go through a PAT (physical ability test) when you come back as a seasonal. Chances are, you will fail this test sooner or later, the more times you take it.

I've tried talking with HR, I've talked with my boss, I've talked with my county manager.

Is it time to file with the EEOC?

Thanks

Jed
 
If you can prove a pattern of behavior from your employer in that they consistently overlook older applicants in favor of younger ones, you can file an EEOC. The catch is that you will also want to look at other factors. Do the younger new hires have more experience? Are they better educated? Basically, are there other factors besides age that can be considered in this case?
If you can present a group of people with equal or more experience/education that have been overlooked for full-time positions in the past few years, I would think you have a case.
Anyone agree?

-Nick
 
Thanks Nick.

The jobs which have come open, are classified as the one I fill on a seasonal basis.

So, I have more experience of actually doing the exact position. Education is pretty much a non factor, since it is a CDL driver position, & just a standard GED or high school diploma is required. The State does require one to take a Math & Reading Comprehension test, on this I missed one, which is near a perfect score.

Wish I could get some together that have been passed over. However, all the seniors which this has happened to, have left. I do not know their names. Wouldn't the EEOC look over employee files, on who was employed during the previous 6 months? Just curious.


Jed
 
That I don't know. You should probably contact your local EEOC office. They will have information based on your local state regulations.
Good luck,
Nick
 
Actually, the EEOC is Federal. For state and local regulations the poster would have to contact his state human rights commission.
 
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